Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other assistance


Iceland - Extradition Act 1984 (2016) EN

IV. chapter. Other assistance for criminal proceedings.

Article 23
For the purpose of dealing with a criminal case in another state, it may, upon request, be decided that a person who in this country is imprisoned or deprived of his liberty in accordance with a court for a criminal act, shall be sent to another state for questioning as a witness or for examination.
Request should be sent to [the Ministry] 1)unless otherwise decided by an agreement with another state, cf. Paragraph 6 The request must include detailed information about the criminal act.
A request may not be granted if the act in question or a comparable act is not punishable under Icelandic law or if it is in accordance with the provisions of Articles 5-7. gr. can not be the basis of extradition. In addition, the request shall be rejected if the person's presence is necessary in this country due to a criminal case or if there are other compelling reasons against transferring him to the other state. Special consideration shall be given to whether the transfer is likely to extend the period during which he would be deprived of his liberty. [The first sentence does not apply to requests from Denmark, Finland, Norway or Sweden.] 2)
[Ministry] 1)shall immediately reject the request if it is clear that it cannot be complied with. If a request is not rejected in accordance with this paragraph, the case shall be sent to the Attorney General for further assistance and he shall arrange for the necessary investigation to take place immediately.
If the person does not agree to the transfer, the [district court] shall 3)in Reykjavík stipulate whether the legal conditions for transport exist. Following the investigation, the Attorney General sends [the Ministry] 1)all the documents of the case together with an opinion on the case as a whole. The Ministry then decides whether to grant the request.
In an agreement with a foreign state, it may be decided that the matter shall be entrusted to a government authority other than the Ministry for processing.
The transfer of a person shall be subject to the condition that the person concerned be returned as soon as possible, perhaps within a specified period of time, and that no investigation be instituted against him during his stay in the other State, punished there or he extradited for an act he committed before the transfer took place.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(f) The temporary transfer of persons as provided in paragraph 7;


(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:

(i) The person freely gives his or her informed consent to the transfer; and

(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.

(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.